[DOWNLOAD] "Amy P. Statter v. Humphrey Statter" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Amy P. Statter v. Humphrey Statter
- Author : Court of Appeals of New York
- Release Date : January 16, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[2 N.Y.2d 668 Page 670] On February 16, 1953 Humphrey Statter commenced an action for separation against his wife, Amy Statter, charging cruelty
and abandonment. An extension of time to answer was granted the wife on her attorney's representation that further time was
required to establish the existence of a prior marriage by the husband, the fact of which would serve as a defense and basis
for affirmative relief in the separation action. Despite this extension, however, when the answer was filed it contained neither
affirmative defense nor counterclaim. Instead, the wife's pleading admitted the marriage's validity and denied the allegations
as to cruelty and abandonment. After a trial of the issues, both parties having appeared, the cause of action alleging cruelty
was dismissed on consent but the cause based on abandonment was sustained and a judgment in favor of the husband entered.
The court's decision contained a finding that the husband and wife were validly married.
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